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High Court allows rare appeal of an arbitration award on a point of law
The High Court has allowed a party to appeal a tribunal’s award on a point of law under section 69 of the Arbitration Act 1996 (the “Act”).1 Section
About covid-19, contracts and wealth
At the beginning of the 20th century, France provided the electric lighting service based on the gas extracted from the combustion of coal. In 1904
Acerca del covid-19, los contratos y la riqueza
Iniciando el siglo XX, Francia proveía el servicio de alumbrado eléctrico a base del gas extraído de la combustión del
The Arbiter - International Disputes Newsletter - Spring 2020
In the recent case of Civil Aviation Authority v R (on the application of Jet2.com Ltd) 2020 EWCA Civ 35, the Court of Appeal has provided important
Locked down, but not out: Remote mediation amidst the Coronavirus restrictions
Amidst the current circumstances with coronavirus and the UK lockdown, the English courts are taking steps to
The effect of COVID-19 on global dispute resolution - an update on the English Courts
In our article last week, we summarised the responses of the UK courts and international arbitration bodies to COVID-19 as well as looking at the
COVID-19: Consequences for dispute resolution in Germany
The novel coronavirus (COVID-19) pandemic has far-reaching consequences for the accessibility of justice and alternative forms of dispute resolution
Another Court Rules on When Ride-Sharing Drivers Are Exempt From Arbitration
In this time of concern regarding the COVID-19 pandemic, there are other challenges still confronting companies. One involves the standard for
Covid-19 coronavirus: how the APAC courts and arbitral institutions have adapted to the challenge
As Covid-19 coronavirus continues to spread across the globe, the various forums for dispute resolution worldwide find themselves presented with novel
新冠状病毒爆发的境况中援用不可抗力 英国法庭会采纳中国法院的做法吗
在本文中作者仔细考察了在近期新冠状病毒的爆发事件中援用不可抗力而产生的影响是否援用 方有权获得救济以及合同各方的权利与义务英格兰法庭会在什么程度上维护中国法院针对不可抗
Singapore reforms local IP dispute resolution
In a reform to the intellectual property (IP) dispute resolution landscape in Singapore, the Intellectual Property (Dispute Resolution) Act 2019 ("the
English Court of Appeal Rules English Courts Can Order Non-Parties to Give Evidence in Support of Foreign-Seated Arbitral Proceedings
In A and B v C, D and E, the appellants, A and B, appealed from a High Court decision dismissing their application to compel the third respondent, E
What can I do when my wedding's stuck in COVID-19 limbo?
The global outbreak of the novel coronavirus (COVID-19) is a public health emergency of international concern. In Singapore, the government has acted
NSW Workers Compensation Update in respect to determination to of Medical Disputes and AMS Appointments
Further to the NSW Workers Compensation Commission's decision to cancel existing AMS appointments on and from 25 March 2020, the Commission has
Arbitration in unprecedented times: An optimal alternative for resolving disputes
With the COVID-19 pandemic forcing significant, temporary changes for courts and businesses alike, parties will have to think of alternatives beyond
COVID-19 - Impact on International Arbitration
In this article, we give thought to how the various arbitration fora are dealing with the global pandemic that is COVID-19 and the state of
If You Want the Benefits of an Arbitration Agreement, Say So
Companies that utilize third-party staffing vendors should take stock of the Fifth Circuit’s decision in Hiser v. NZone Guidance, L.L.C.1 The March
English court grants anti-suit injunction restraining foreign proceedings in breach of arbitration agreement incorporated by reference in bills of lading
In Seniority Shipping v City Seed Crushing Industries, “Joker”, 2019 EWHC 3541 (Comm), the English Commercial Court granted an anti-suit injunction
The California Consumer Privacy Act is HERE: Are You Litigation Ready?
Most companies doing business in California are well aware of the California Consumer Privacy Act of 2018 (CCPA) and prepared diligently in advance of
How will COVID-19 shape the future of arbitration?
The COVID-19 pandemic has brought a lot of uncertainty to many areas of our lives. We are in unchartered territory, and so is the whole judicial
Delaware court renders Section 1782 Discovery unavailable to parties in private arbitration abroad
On March 17, 2020, the U.S. District Court for the District of Delaware found that the most useful tool for foreign litigants seeking evidence from
Award creditors successfully challenge award to clarify identity of a party
In the recent and unusual case of Xstrata Coal Queensland P Ltd (Company Number 098156702) (aka Rolleston Coal Holding PTY Ltd) & Anor v Benxi Iron &
Invoking Force Majeure on the Outbreak of Coronavirus: Will the English Court Recognise the Approach of the Chinese Court?
Cecilia Xu Lindsey is an independent Barrister and Certified Arbitrator practicing at 9 Stone Buildings, Lincoln’s Inn. She has a spectrum of
The value of arbitration and ADR in resolving climate change related disputes: A view into the ICC Commission’s Report
In November 2019, the Commission on Arbitration and ADR of the International Chamber of Commerce (the “ICC”) published a report that examines the
新冠状病毒爆发的境况中援用不可抗力 英国法庭会采纳中国法院的做法吗
Cecilia Xu Lindsey 于座落在英国伦敦林肯会馆的石屋大厦 9 号大律师院 (9 Stone Buildings) 担任 独立执业的大律师和有资质的国际仲裁员她在诉讼仲裁争端解决和咨询方面拥有广泛的商事 法律实践经验她专注于商法公司法金融服务银行法保险法国际法包括
English Court of Appeal orders non-party to give evidence in support of new york-seated arbitration
In a recent judgment, the English Court of Appeal determined that English courts do indeed have jurisdiction under s44(2)(a) of the English
Questions and answers on how best to deal with International Arbitration in the face of Covid-19
Following the briefing we issued on how the English Courts are meeting the challenges posed by Covid-19, and after receiving a high number of
The English Court of Appeal decides it has the power to order a non-party witness to give evidence in aid of a foreign arbitration
In A and B v C, D and E 2020 EWCA Civ 409 the Court of Appeal has provided at least a partial resolution to the "long-standing controversy" of
Is chubb the end of the old tendency to consider that a London seat implied the choice of the law governing the arbitration agreement ?
In Chubb (Enka Insaat ve Sanayi SA v. OOO Insurance Co. Chubb, EWHC 2019) it has been held that the choice of the seat of arbitral proceedings
17 WTO members establish multi-party interim appeal arbitration arrangement (mpia) - standing pool of 10 appeal arbitrators to be established by June 28th
On 27 March 2020, the following sixteen WTO Members issued a joint statement declaring the creation of a Multi-Party Interim Appeal Arbitration